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Date: 20011030 Docket: A-145-00
Neutral citation: 2001 FCA 328 CORAM: LINDEN J.A. EVANS J.A. MALONE J.A. BETWEEN: JOSEPH MANSOUR Applicant
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THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, Tuesday, October 30, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, October 30, 2001 REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20011030 Docket: A-145-00 Neutral citation: 2001 FCA 328 CORAM: LINDEN J.A. EVANS J.A. MALONE BETWEEN: JOSEPH MANSOUR Applicant
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THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Tuesday, October 30, 2001) EVANS J.A. Mr. Mansour's claim for employment insurance benefits was rejected on the ground that he had been dismissed from his employment for cause. The hearing before the Umpire was held in May 1998 and he rendered his decision in November of that year: CUB 39704A. Mr. Mansour is out of time to challenge this decision. Accordingly, the focus of the application for judicial review is the later decision of an Umpire (CUB 39704B), refusing Mr. Mansour's request to amend the earlier decision, on the ground that he had presented no new facts. A request to amend an employment insurance decision may based on the existence of new facts presented to the Umpire: Employment Insurance Act, S.C. 1996, c. 23, section 120. Since the facts in question in this case existed before the hearing was held in the first case (CUB 39704A), they only qualify as "new facts" if they could not reasonably have been discovered by the applicant before the first decision was rendered, and, if they had been adduced, they would have been decisive of the issue that the Umpire had to decide: Canada (Attorney General) v. Chan (1994), 178 N.R. 372 at para. 11 (F.C.A.). The "new facts" on which Mr. Mansour relied to support his request for an amendment are the terms of a settlement of a grievance against his dismissal. The terms of the settlement, dated October 23, 1996, relevant to this application are that the applicant's employment record was corrected to show that his employment terminated at the end of his contract, and that his employer would pay him $25,000. In our opinion, there is no reason why the applicant could not have brought this 1996 settlement to the attention of the Umpire who rendered the first decision in 1998. It was clearly relevant to the ground on which he had been refused benefits, namely dismissal for cause. The terms of the settlement were therefore not "new facts" for the purpose of section 120. We would only note that, in refusing to amend the first decision, the Umpire who rendered the decision under review stated that there was nothing in the settlement from which it could be inferred that the employer had withdrawn the original allegation of misconduct. However, the payment of $25,000 might have supported such an inference (see Canada (Attorney General) v. Boulton (1996), 208 N.R. 63 at para. 10 (F.C.A.)), although whether it would have established decisively that the applicant had not been dismissed for cause is another matter, and one that we need not decide. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-145-00 STYLE OF CAUSE: JOSEPH MANSOUR Applicant
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THE ATTORNEY GENERAL OF CANADA
Respondent DATE OF HEARING: TUESDAY, OCTOBER 30, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, OCTOBER 30, 2001. APPEARANCES BY: Mr. Joseph Mansour For the Appellant, on his own behalf Ms. Janice Rogers For the Respondent SOLICITORS OF RECORD: Joseph Mansour 122 Deerglen Terrace Aurora, Ontario L4G 6Y3 For the Appellant, on his own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20011030 Docket: A-145-00 BETWEEN: JOSEPH MANSOUR Applicant
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THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
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